The question, therefore, is how to check motivated and frivolous public interest litigation so that the courts can pay more attention to genuine PILs. The primary obstacle is that this is a wholly unregulated field. A suitable format must be prescribed by the Supreme Court and high courts for filing of public interest petitions, which should take into consideration some important aspects. One, the case should not be in the name of the petitioner, it should be described by the particular subject for which the petition is filed. This will take care of the publicity hounds. Two, the petition should be without any personal interest. But if there is any personal interest, it must be specifically mentioned. Three, the petitioner should specify the class of persons for whose benefit the petition is being filed. Four, the petitioner must state his or her background. In case of an organisation, names of office-bearers must be stated. Five, the petitioner must give details of any other PIL filed by him, with a brief description of the order passed and cost, if any, awarded or imposed on the petitioner. Six, the petition must contain a specific statement that the petitioner is filing the PIL on his own and will bear all the litigation costs. If someone else is contributing, the petitioner must disclose the same. Seven, the source of information of the facts bearing on the plea must be disclosed. If the petitioner does not wish to disclose the source, reasons must be given. Eight, if the petition is based on a news report, it must be stated whether the petitioner has further verified the facts by personally visiting the place or by talking to people concerned. Nine, the petitioner must not rush to court. Before filing a PIL, the petitioner must send a representation to the authorities concerned to take remedial action. However, in urgent cases, petitions can be filed straightaway by giving prior notice of filing to the authorities concerned and/or their standing counsel, if any. Ten, heavy fines must be imposed on frivolous PILs.

... contd.